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Subpoena 1.0T - Ohio
| Subpoena Form. This is a Ohio form and can be used in Miscellaneous Probate Franklin County (Court Of Common Pleas) . |
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PC-1.0T (Rev. 4-2005) PROBATE COURT OF FRANKLIN COUNTY, OHIO LAWRENCE A. BELSKIS, JUDGE 373 SOUTH HIGH STREET, COLUMBUS, OHIO 43215 SUBPOENA Case No. -VS- FOR CLERK USE ONLY: TO: Deposit (Name) Witness Fee ......................................$12.00 .....$ Service by Franklin County Sheriff... $38.00 .....$ (Address) Total.......................................................................$ (City-State-Zip) Service by other means to be coordinated by requesting party. YOU ARE HEREBY COMMANDED TO: ATTEND AND GIVE TESTIMONY AT A (TRIAL) (HEARING) (DEPOSITION) ON T HE DATE, TIME AND AT THE PLACE SPECIFIED BELOW. ATTEND AND PRODUCE (DOCUMENTS) (TANGIBLE THINGS) AT A (TRIAL) (HE ARING) (DEPOSITION) ON THE DATE, TIME AND AT THE PLACE SPECIFIED BELOW. PRODUCE AND PERMIT INSPECTION AND COPYING, ON THE DATE AND AT THE TIME A ND PLACE SPECIFIED BELOW, OF ANY DESIGNATED DOCUMENTS THAT ARE IN YOUR POSSESSION, CUSTODY OR CONTROL. PRODUCE AND PERMIT INSPECTION AND COPYING, TESTING OR SAMPLING, ON THE D ATE AND AT THE TIME AND PLACE SPECIFIED BELOW, OF ANY TANGIBLE THINGS THAT ARE IN YOUR POSSE SSION, CUSTODY OR CONTROL. PERMIT ENTRY UPON THE FOLLOWING DESCRIBED LAND OR OTHER PROPERTY, FOR TH E PURPOSES DE- SCRIBED IN CIV. R. 34(A)(3), ON THE DATE AND AT THE TIME SPECIFIED B ELOW. DESCRIPTION OF LAND OR OTHER PREMISES: DAY DATE TIME .PLACE . DESCRIPTION OF ITEMS TO BE PRODUCED: . .************************************************************************ ******************************* THE STATE OF OHIO Franklin County, ss To the Sheriff of County, Ohio Greetings: YOU ARE HEREBY COMMANDED TO SUBPOENA THE ABOVE NAMED PERSON. WITNESS MY HAND AND SEAL OF SAID COURT THIS DAY OF 20 LAWRENCE A. BELSKIS, JUDGE AND EX-OFFICIO CLERK OF THE PROBATE COURT BY: . SIGNATURE OF (Deputy Clerk/Attorney for (Plaintiff) (Defendant) REQUESTING PARTY INFORMATION: NAME: (Attorney for (Plaintiff) Defendant) or (Plaintiff) or (Defendant ) ATTORNEY CODE: TELEPHONE NUMBER: ( ) . NOTE: FILE IN TRIPLICATE AND READ ALL INFORMATION ON THE REVERSE SIDE OF THIS SUBPOENA. FRANKLIN COUNTY FORM 1.0T - SUBPOENA American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 2 Case No. CIVIL RULE 45 (C) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. (1) A PARTY OR AN ATTORNEY RESPONSIBLE FOR THE ISSUANCE AND SERVICE OF A SUB POENA SHALL TAKE REASONABLE STEPS TO AVOID IMPOSING UNDUE BURDEN OR EXPENSE ON A PERSON SUBJECT TO THAT SU BPOENA. (2) (a) A PERSON COMMANDED TO PRODUCE AND PERMIT INSPECTION AND COPYING OF DESIG NATED BOOKS, PAPERS, DOCU- MENTS, OR TANGIBLE THINGS, OR INSPECTION OF PREMISES, NEED NOT APPEAR IN PERSON AT THE PLACE OF PRODUCTION OR INSPECTION UNLESS COMMANDED TO APPEAR FOR DEPOSITION, HEARING, OR TRIAL. (b) SUBJECT TO DIVISION (D) (2) OF THIS RULE, A PERSON COMMANDED TO PROD UCE AND PERMIT INSPECTION AND COPYING MAY, WITHIN FOURTEEN DAYS AFTER SERVICE OF THE SUBPOENA OR BEFORE THE TI ME SPECIFIED FOR COMPLIANCE IF SUCH TIME IS LESS THAN FOURTEEN DAYS AFTER SERVICE, SERVE UPON THE PARTY OR ATTORN EY DESIGNATED IN THE SUBPOENA WRITTEN OBJECTIONS TO INSPECTION AND COPYING OF ANY OR ALL OF THE DESIGNATED MAT ERIALS OR OF THE PREMISES. IF OBJECTION IS MADE, THE PARTY SERVING THE SUBPOENA SHALL NOT BE ENTITLED TO INSPECT AN D COPY THE MATERIALS OR INSPECT THE PREMISES EXCEPT PURSUANT TO AN ORDER OF THE COURT BY WHICH THE SUBPOENA WAS ISSUE D. IF OBJECTION HAS BEEN MADE, THE PARTY SERVING THE SUBPOENA, UPON NOTICE TO THE PERSON COMMANDED TO PRODUCE, MA Y MOVE AT ANY TIME FOR AN ORDER TO COMPEL THE PRODUCTION. AN ORDER TO COMPEL PRODUCTION SHALL PROTECT ANY PERSON W HOSE IS NOT A PARTY OR AN OFFICER OF A PARTY FROM SIGNIFICANT EXPENSE RESULTING FROM THE INSPECTION AND COPYING COMMANDED. (3) ON TIMELY MOTION, THE COURT FROM WHICH THE SUBPOENA WAS ISSUED SHALL QUA SH OR MODIFY THE SUBPOENA, OR ORDER APPEARANCE OR PRODUCTION ONLY UNDER SPECIFIED CONDITIONS, IF THE SUBPOEN A DOES ANY OF THE FOLLOWING: (a) FAILS TO ALLOW REASONABLE TIME TO COMPLY; (b) REQUIRES DISCLOSURE OF PRIVILEGED OR OTHERWISE PROTECTED MATTER AND NO E XCEPTION OR WAIVER APPLIES; (c) REQUIRES DISCLOSURE OF AN UNRETAINED EXPERTS OPINION OR INFORMATION NOT DESCRIBING SPECIFIC EVENTS OR OCCURRENCES IN DISPUTE AND RESULTING FROM THE EXPERTS STUDY MADE NOT AT THE REQUEST OF ANY PARTY; (d) SUBJECTS A PERSON TO UNDUE BURDEN. (4) BEFORE FILING A MOTION PURSUANT TO DIVISION (C) (3) (d) OF THIS RU LE, A PERSON RESISTING DISCOVERY UNDER THIS RULESHALL ATTEMPT TO RESOLVE ANY CLAIM OF UNDUE BURDEN THROUGH DISCUSSIONS W ITH THE ISSUING ATTORNEY. A MOTION FILED PURSUANT TO DIVISION (C) (3) (d) OF THIS RULE SHALL BE SUPPORTED B Y AN AFFIDAVIT OF THE SUBPOENAED PERSON OR A CERTIFICATE OF THAT PERSONS ATTORNEY OF THE EFFORTS MADE TO RESOLVE ANY CLAIM OF UNDUE BURDEN. (5) IN CASES UNDER DIVISION (C) (3) (c) OR (C) (3) (d) OF THIS R ULE, THE COURT SHALL QUASH OR MODIFY THE SUBPOENA UNLESSTHE PARTY IN WHOSE BEHALF THE SUBPOENA IS ISSUED SHOWS A SUBSTANTIAL NEE D FOR THE TESTIMONY OR MATERIAL THAT CANNOT BE OTHERWISE MET WITHOUT UNDUE HARDSHIP AND ASSURES THAT THE PERSON TO WHOM THE SUBPOENA IS ADDRESSED WILL BE REASONABLY COMPENSATED. CIVIL RULE 45 (D) DUTIES IN RESPONDING TO SUBPOENA. (1) A PERSON RESPONDING TO A SUBPOENA TO PRODUCE DOCUMENTS SHALL PRODUCE THE M AS THEY ARE KEPT IN THE USUAL COURSE OF BUSINESS OR SHALL ORGANIZE AND LABEL THEM TO CORRESPOND WITH T HE CATEGORIES IN THE DEMAND. A PERSON PRODUCING DOCUMENT PURSUANT TO A SUBPOENA FOR THEM SHALL PERMIT THEIR IN SPECTION AND COPYING BY ALL PARTIES PRESENT AT THE TIME AND PLACE SET IN THE SUBPOENA FOR INSPECTION AND COP YING. (2) WHEN INFORMATION SUBJECT TO A SUBPOENA IS WITHHELD ON A CLAIM THAT IT IS PRIVILEGED OR SUBJECT TO PROTECTION AS TRIAL PREPARATION MATERIALS, THE CLAIM SHALL BE MADE EXPRESSLY AND SH ALL BE SUPORTED BY A DESCRIPTION OF THE NATURE OF THE DOCUMENTS, COMMUNICATIONS, OR THINGS NOT PRODUCED THAT IS SUFFICIENT TO ENABLE THE DEMANDING PARTY TO CONSENT THE CLAIM. CIVIL RULE 45 (E) SANCTIONS. FAILURE BY ANY PERSON WITHOUT ADEQUATE EXCUSE TO OBEY A SUBPOENA SERVED UPON THAT PERSON MAY BE DEEMED A CONTEMPT OF THE COURT FROM WHICH THE SUBPOENA ISSUE. A SUBPOENAED PERSON OR THAT PERSONS ATTORNEY FRIVOLOUSLY RESISTING DISCOVERY UNDER THIS RULE MAY BE REQUIRED BY THE COURT TO PAY THE REASONABLE EXPENSES, INCLUDING REASONABLE ATTORNEYS FEES, OF THE PARTY SEEKING THE DISCOVERY. THE COUR T FROM WHICH A SUBPOENA WAS ISSUED MAY IMPOSE UPON A PARTY OR ATTORNEY IN BREACH OF DUTY IMPOS
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